Columbus Unpaid Overtime Lawyers

Last updated on May 5, 2026

To ensure employers do not take advantage of workers, both federal and state laws, including the Fair Labor Standards Act (FLSA) and the Ohio Minimum Wage Fair Standards Act (OMWFSA), require employers to compensate employees for working overtime. An employer’s failure to abide by these laws is both unfair and unlawful, so if you work for an employer who regularly refuses to pay overtime, you should obtain the advice of an experienced employment law attorney who can explain your legal options to recover your lost pay.

The FLSA prohibits employees from working more than 40 hours a week unless they receive overtime compensation for the extra time. Employers must pay the standard overtime rate of one and one-half times an employee’s regular hourly wage for every hour worked beyond the standard workweek.

What are Common Ways Employers Violate Overtime Laws?

Employers often use specific accounting practices to avoid paying the wages their staff have earned. Recognizing these tactics can help you identify if you have a claim. Common violations include:

• Failure to pay off-the-clock overtime wages: This occurs when employers require or permit employees to perform work tasks before their shift begins, after it ends or during unpaid lunch breaks without recording the time.
• Misclassification of employees: Employers may label a worker as an “independent contractor” or a “manager” to avoid paying overtime, even if the worker’s actual job duties do not meet the legal criteria for an exemption.
• Illegal rounding policies: While the law permits some rounding, an employer violates the law when their time-keeping system consistently rounds down or only rounds in favor of the company, resulting in a failure to pay you for all minutes worked.
• Miscalculating time for tipped employees: Ohio service industry employers must calculate the tip credit correctly for overtime hours. Employers start this math by using the full minimum wage. They multiply that full rate by 1.5. Then, they subtract the tip credit from that total. This final number is the minimum hourly cash wage the employer owes the worker. It is illegal to simply multiply the lower tipped cash wage by 1.5.

If your employer uses any of these methods to reduce your paycheck, you may have grounds for a legal claim to recover your unpaid earnings.

Who is a “Nonexempt Employee?”

A nonexempt employee is a worker who maintains a legal entitlement to overtime pay (time-and-a-half) for any hours worked beyond 40 in a single workweek. Generally, an employee is nonexempt if they do not meet the specific salary and primary duty tests that the federal FLSA or the OMFWSA requires. Most hourly workers are nonexempt, which means the law requires their employer to track all time worked and compensate them accordingly.

Common occupations that typically fall under the nonexempt category (though specific job duties may trigger exemptions) include:

• Inside sales representatives (depending on commission structure and duties)
• Construction and trade workers
• Paralegals and legal assistants
• Maintenance and custodial staff
• LPNs and many health care support roles
• Factory and production line workers
• Retail associates and hospitality staff

If you believe your employer has failed to pay your full wages, contact our office to discuss your situation.

Understanding Who is Classified as “Exempt” for Overtime Purposes

Employees who work in certain industries or fill specific positions are not guaranteed minimum wage or overtime pay. Generally, whether an employee is exempt or nonexempt depends on three specific factors:

• How much he or she is paid
• How he or she is paid
• What kind of work he or she performs

Based on these factors, federal law states that exempt employees are generally those who:

• Are paid at least $23,600 per year
• Are salaried workers
• Perform exempt job duties

Examples of exempt employees include:

• Some commissioned sales employees
• Computer professionals
• Farmworkers
• Executive, administrative and professional employees
• Airline employees
• Taxicab drivers
• Federal criminal investigators

While these roles are commonly exempt, understanding the nuances of these classifications helps you ensure that you are able to protect your rights and demand what is lawfully yours.

What Potential Relief Can You Recover in a Columbus Unpaid Overtime Claim?

When an employer denies a covered employee overtime pay, the court may award the unpaid workers their denied wages and liquidated damages to compensate them for other losses resulting from the nonpayment.

Call Us Today to Speak with a Columbus Attorney About Your Possible Overtime Claim

At Marshall Forman & Schlein LLC, we understand that not receiving your fair wages can be a financial and emotional burden on both employees and their families. If you live in Ohio and are not receiving the pay you are entitled to, please call 614-762-9727 or send us an email to speak with an experienced overtime attorney.